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James Klaiber, a Partner in Pryor Cashman’s Intellectual Property Group, was interviewed by The New York Times for its article, “Business Owners Adjusting to Overhaul of Patent System.”

The article discusses some of the most sweeping changes to the United States patent system, created by the passing of the America Invests Act. These changes include the shift from a first-to-invent system to first-to-file, the addition of a fast-track approval process, and a new postgrant review procedure, all of which the White House believes will help turn inventions into businesses faster.

Despite the overhaul, according to the article, there are matters within the patent system that the Act fails to address, such as the issue of so-called patent trolls – companies and individuals that sue to protect patents even if they are not using them. Klaiber, a patent attorney, told the publication he believes there is another side to the issue, further arguing that many start-ups defend patents they are not using to maintain their company’s value. He added, some small companies get broader patents than they need in order to create a kind of fence around themselves, and to protect themselves from others moving into their space.

To read the entire New York Times article, please click here.